Sir,
I have gone through an Agreement for Sale with the owner of Flat No.402, 4th floor, Ganga Apartment, 144, M.B. Road, P.O. Birati, Kolkata-700 051, Sri Tanmoy Chakraborty for a total consideration money of Rs.12, 60, 000/- which is already mortgaged with HDFC. We have signed that agreement on 4th Oct and make an advance of Rs.2, 60, 000/-and will pay the residue amount through Bank loan. In that agreement the date was mentioned that within 15th December I will have to pay the full amount. If I fail to do so he can return my advance deducting 10%. Another clause was also there, that if any dispute arises due to his documents then he will have to return my money with other charges.
Sir I have applied for loan to IDBI Bank and the loan was sanctioned on 8th December but cannot be disbursed due to non availability of one document i, .e. - "List of Documents" to be issued by his HDFC bank. I have asked several times to Sri Tanmoy Chakraborty, the seller to submit that List of Documents but he failed to do so within the stipulated time i.e. 15th December. But on 14th December, he send me a mail stating that the list of documents is enclosed as asked by me on last thursday i.e. 10th December. I have downloaded and submitted that doc.to IDBI Bank but it was not accepted by IDBI Bank. I have intimated that incident to him through return mail on that day.
Now, he is telling that I have failed to clear the balance amount in time as mentioned in agreement for sale i.e. 15th December, therefore the Agreement stands cancel.
Sir what to do next, seeking your advice.
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